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Author: Dumas Sanclemente Law PLLC

  • The importance of witness statements in car accident claims

    When car accidents happen, there may be other individuals who personally see them with their eyes. These witnesses can be powerful sources of information because they can help establish an honest and factual account of the crash.

    They may have seen specific details that the involved drivers overlooked. For example, they may see unlawful behaviors, such as a driver texting while driving or running a red light. Ultimately, their neutral observations for being someone not associated with both parties can prove vital in pursuing justice for those who sustained injuries or those wrongfully accused.

    How can witness statements influence car accident claims?

    Witnesses can help authorities find out who is truly at fault and establish liability by:

    • Supporting a claim through their court testimony
    • Providing additional documentation, such as photos, videos and other distinct details
    • Discrediting the other party’s version of events

    However, inconsistent statements can happen when the initial shock of the crash has died down and more coherent memories come in. Sometimes, what the witness says right after the incident may differ from what they assert during a trial. Thus, Florida law allows cross-examination to address this issue.

    Aside from potential loopholes in witness statements, other factors that can reduce witness credibility include a possible criminal history or questionable vantage point during the collision.

    Why is a thorough statement crucial?

    With so much at stake, witnesses must work with their legal representatives to construct a clear and plausible narration of their perspective. After all, anything they share can make or break someone’s life. It can allow victims to recover rightful compensation or provide defense to the alleged offender.

  • Seeking compensation for car accident injuries

    When a driver or passenger is in a car accident, they can suffer serious injuries. If they decide to pursue compensation for their injuries, there is general information available that can help.

    Car accident injuries

    The injuries a person sustains in a car accident can range from minor to severe, depending on how fast the vehicles were traveling, the use of seat belts or airbags and the conditions on the road.

    Whiplash is a common injury to the neck that is caused by a sudden back-and-forth motion and head injuries can happen in an impact with the steering wheel, dashboard or windows. Abdominal injuries occur when the seat belt or steering wheel hits the torso.

    Car accidents can cause fractures and broken bones, bruises and injuries to the muscles, broken ribs, injuries to the lungs and spinal cord injuries that can cause long-term damage. In cases of a fire, the driver or passenger can suffer from burns.

    Seeking compensation

    The first step after a car accident is to receive medical attention if necessary. If the driver or passenger chooses to seek compensation for their injuries, they will need to file a petition with the court and each side will exchange information and evidence about the accident.

    Sometimes, the parties can reach a settlement, meaning that the case does not go to trial. If the parties cannot reach a settlement, a judge or jury will hear the evidence and decide whether to award damages. Damages are the payment the injured party receives.

    Compensation can be especially helpful in situations where the driver or passenger has serious or long-term injuries because the funds can help replace their income while they heal.

  • Damages for the pain a parent suffers for losing a child

    Losing a child is an agonizing experience, and when it happens due to wrongful death, a parent may have to face such emotional turmoil as they painfully pursue justice.

    Legal foundations

    Wrongful death claims arise when a person’s death is due to negligence or intentional actions of another party. When a child is the victim, parents or legal guardians often pursue these claims on behalf of the deceased child. Such cases can encompass a range of scenarios, including accidents, medical malpractice or even criminal acts.

    Compensation and accountability

    One primary objective of pursuing a wrongful death claim is to hold the responsible party accountable and seek compensation for damages. Parents may recover damages for medical expenses, funeral costs and loss of future earnings the child might have contributed to the family. While no amount of money can truly compensate for the loss of a child, these legal actions aim to ease the financial burden on grieving families.

    Emotional toll

    The emotional toll of losing a child due to wrongful death is profound. Grieving parents not only grapple with the loss itself but also with anger and frustration over the preventable nature of the tragedy. These emotions can be exacerbated during legal proceedings, where the facts of the case are scrutinized, adding to the parents’ distress.

    Legal process and support

    Wrongful death claims can be emotionally taxing for parents, as they must navigate the legal system while coping with their grief. Seeking the counsel of attorneys specializing in such cases can provide much-needed guidance. Additionally, support from friends, family and grief counselors is crucial for helping parents endure this challenging journey.

    Wrongful death claims involving children are complex, emotionally charged legal battles. Parents seek justice and accountability while grappling with the unbearable loss of their child. Although no legal action can fully heal their wounds, it serves to honor their child’s memory and work toward preventing similar tragedies in the future.

  • Recovering from a coma after a car accident

    Caring for a loved one in a coma after a car accident can be emotionally challenging. It’s distressing to see someone who was once full of life now unable to wake up, talk or move. Though recovery is possible, it can take weeks to months or even years. Families must be patient and resilient while waiting for their loved ones to regain consciousness.

    The recovery process for a car accident coma

    People sometimes fall into a coma after a major car accident. The force of the impact can cause a traumatic brain injury (TBI), leading to a state of unconsciousness. Additionally, there are instances where a doctor may intentionally induce a coma using medication to allow the brain to heal.

    To determine the severity of the coma, doctors use the Glasgow Coma Scale when monitoring the patient. It looks at the patient’s ability to open their eyes, respond verbally or move. Generally, a higher score indicates a better chance of regaining consciousness.

    Coma patients require extended hospital stays, comprehensive medical examinations and continuous monitoring. While comas rarely last past four weeks, the cost of treatment can still be quite high. In general, many coma patients do recover, although some may need additional therapy and care to regain a normal quality of life.

    The price of recovery

    On average, staying in the ICU for at least three days can cost about $30,000. Even if they want to, the patient and their family members may be unable to pay for treatment. The patient’s personal injury protection policies (PIP) should help shoulder some of the expenses and lost wages, but it may not be enough.

    A TBI-related coma falls under a severe injury for which the patient or their family can file a personal injury lawsuit against the at-fault driver. Pursuing compensation this way may allow the patient to recover damages such as medical expenses, pain and suffering, and lost wages.

    During such challenging times, families may find themselves working tirelessly to help their loved one in a coma regain consciousness. However, the victim’s family may also need support. In such cases, a personal injury lawyer could help address any family concerns and provide guidance on the best legal course of action to take.

  • The long-term psychological impact of a traumatic car accident

    A car accident can seriously change a person’s life. Apart from the physical injuries they may sustain, hidden effects often may not manifest immediately. These effects can lead to long-term problems with a person’s mental health, which can be devastating. Unfortunately, victims may not realize how much the accident affects them daily.

    They may try to forget about the accident, but they may not recognize the signs of the substantial negative psychological consequences that can follow.

    Unfortunate mental effects

    When someone suffers injuries due to physical trauma, it may appear in their psyche. This means that people are disadvantaged in functioning normally on any given day as they feel the psychological impact of the traumatic event. As accidents have negative effects on a person’s mental health, they may face the following:

    • Post-traumatic stress disorder (PTSD)
    • Anxiety
    • Depression
    • Cognitive problems

    Victims of car accidents may struggle to cope with the potential long-term consequences of their injuries. One study found that simply being involved in an accident could play a significant role in someone’s mental health, which can have adverse effects on the body as a whole. This means that what happens in a person’s mind can significantly change their health and well-being.

    Dealing with the consequences

    After a car accident, some individuals may continue to show signs of experiencing PTSD, which incites fear, anxiety and recurring memories of the accident among victims. Although the number of people with PTSD decreases, some may develop it months or even years later. If someone notices negative changes in their behavior and feels disappointed with themselves, it may indicate accident-related psychological consequences that could have long-term effects if left untreated. It is essential to seek help if victims experience signs of psychological outcomes.

    Car accident victims need to recognize the long-term psychological impact of their experience and seek professional help if needed, even months or years later. Talking with a professional can help victims seek justice for the mental trauma caused by the assailant and explore their rights and options for getting compensation for their burdens.

  • Are you hurt due to a restaurant owner’s breach of care?

    You expect to leave a restaurant with a full stomach, not a catastrophic injury. But due to the nature of restaurant operations, you may be subject to inherent slip-and-fall risks around their premises. Some common hazards include wet and greasy surfaces, slippery substances, loose wires and uneven parking lot walkways.

    Therefore, restaurant owners owe you a duty of care to act like any reasonable person would in protecting you against potential dangers. For example, you fall and hit your head due to a deep step that is barely recognizable with poor lighting. In this scenario, the restaurant owner breaches their duty of care if they are aware of this foreseeable hazard and fails to address it appropriately. In effect, you sustain a traumatic brain injury, miss days at work and endure incredible pain and suffering.

    Now, you might ask yourself, what duties does a restaurant owner owe you to keep you safe?

    Restaurant duties

    Florida restaurant owners must adhere to specific state regulations to ensure their patrons’ safety. One of their primary responsibilities is to maintain the sanitary conditions of their restaurants. This measure extends across their facilities and equipment, especially in high-risk areas, such as restrooms or toilets.

    Aside from preserving cleanliness, every restaurant must:

    • Have an updated license to operate and only serve food or drinks suitable for human consumption
    • Administer a state-approved training program for their employees, who must receive certification within 60 days of their hiring date
    • Remove any “undesirable guest” – or someone drunk, drugged, spewing profanity, not paying for their order or anyone wreaking havoc and causing harm to other guests – from the premises

    If you are not a customer but a restaurant worker, you might be equally anxious about how to go about your situation. Before dealing with legal considerations, you must also seek medical attention. If you require surgery or any serious medical procedure, you might not be able to return to work soon to focus on your physical recovery.

    Per Florida law, you may be eligible for your employer’s workers’ compensation insurance. To receive benefits, you must immediately notify your supervisor or any human resource representative about the incident. Then, you must also establish that the incident happened within the premises of your workplace while performing work-related tasks.

    A safe restaurant visit

    It’s tragic when all you want is to have a good meal at your favorite restaurant but end up suffering severe injuries. When this happens, you must have sufficient proof to support your claim to receive the compensation you urgently need to cover your medical bills during these difficult times.

  • Why it’s not safe to text at red lights

    At this point, most drivers understand how dangerous texting while driving can be. However, they know that they’re not going to stay off of the phone entirely. Instead, many drivers will wait until they hit a red light to use their phones. Checking social media notifications or text messages at a stop light may seem harmless, but is it? No, not really.

    Your brain can stay distracted longer than you probably realize

    Because of technology, it’s become harder for people to put down their phones. Many apps and pieces of information created for smartphones are intended to be habit-forming, encouraging users to check them frequently.

    As a result, drivers may find it more difficult to resist replying to a text message or updating their social media while waiting at a stop light. It may even feel safe to do because the car isn’t moving.

    However, texting while at a red light is dangerous, and it is advisable for drivers to avoid doing so. It may be hard to tell, but the brain can remain distracted for the next 27 seconds, on average, after completing a distracting task like using a phone.

    Yes, putting the phone down may reduce both the physical and visual distractions that come with looking at a screen, but the brain does not just return to driving mode after. The cognitive distraction can last for around half a minute.

    This means that drivers could make serious mistakes and cause crashes even after putting away their phones because their brains are still focused on the digital interactions they’ve just had instead of on driving safely.

    What you can do

    The problem of distracted driving persists, but it becomes harder to address when some drivers don’t realize that what they’re doing is just as problematic. Texting at a red light is not worth the risk of crashing into another driver. To avoid distraction, drivers can wait to use their phones until they get to their destination.

  • Who pays for the damages I suffered in a car accident?

    Florida laws require drivers to have $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). It should allow drivers quicker access to compensation when they suffer injuries in a car accident. Your insurance provider should compensate you for medical costs, regardless of who is at fault. They will also pay a percentage of the income you lost while recovering from the car accident. You must file the claim within two weeks of the car accident.

    The problem is that car accidents can cause serious damage to the victim and vehicle. Your coverage may not be enough. If another driver is liable for the accident, you should look to them and their insurance provider for compensation.

    Insurance companies can undervalue your personal injury claim

    Insurance companies also provide liability insurance coverage to individuals. If the insured individual was negligent or acted wrongfully and it caused another harm, their insurance company should compensate the victim. However, insurance companies lose money when they pay a victim’s personal injury claims. You might have to fight for damages, even when the policyholder is so obviously at fault.

    An insurance company can hire an insurance adjuster to look for ways to devalue or deny your claims. Here are the different tactics an insurance company can use to reduce the amount they must pay in a settlement:

    • The insurance company will pressure you to accept a quick and early settlement offer
    • The insurance company can use Florida’s pure comparative negligence laws against you and shift the blame
    • The insurance company can claim your injuries were not caused by the accident
    • The insurance company can find ways and use a medical lien to lower your medical costs on paper
    • The insurance company can also delay claims and use the statute of limitations laws in their favor
    • The insurance company can also downplay your injuries

    Remember, if you are the claimant, the insurance company is not your friend. You should not sign or agree to anything without fully understanding the legal repercussions.

    Never settle for less

    It might be enticing to settle on the initial offer immediately, but your claims may be worth much more. These companies have the means to fully compensate you according to the coverage of the policyholder. Besides, if the negligent driver does not have the insurance coverage applicable to your case, you can also pursue a personal injury lawsuit against them. The best-case scenario is that their insurance provider will pay the maximum coverage, and the driver will cover the rest of the damages you suffered.

  • Many traffic fatalities are speed-related, safety officials warn

    Haste makes waste, a popular saying goes. That saying rings true in new data published by the National Highway Traffic Safety Administration (NHTSA). The agency found that speeding-related fatalities have reached a 14-year high in 2021.

    According to the NHTSA, motor vehicle speeding accounted for almost a third of all traffic-related fatalities in 2021. About 12,330 people died in speed-related crashes in 2021, accounting for 29% of all traffic fatalities that year.

    NHTSA published the data as part of its new speeding prevention campaign, which will run from July 10 to 31.

    Why are speeding accidents so fatal?

    Speed is one of the most significant factors in any collision. High speed increases the braking distance of motor vehicles and reduces the ability of road safety structures, such as concrete barriers and guard rails, to stop a runaway automobile. Speed also increases the impact and damage caused by a vehicle collision, significantly raising the chances of injury or death. And moving too quickly reduces the time a driver needs to react to a collision risk.

    Many drivers caught speeding were also found to be intoxicated at the time of the accident. NHTSA data found that 43% of speeding drivers in the 25 to 34 age range were alcohol-impaired – the largest of the age groups surveyed.

    Speeding accidents aren’t just fatal but very expensive too. In a previous report, the NHTSA said that speed-related crashes led to $46 billion in economic costs in 2019. These expenses include medical, legal, emergency services, property damage and insurance administration costs, as well as work and productivity losses.

    If a loved one died in a fatal automobile accident caused by speeding, you could hold the other driver responsible for the wrongful death through a lawsuit. The damages claimed from a lawsuit may not be able to bring back the deceased, but it can help deal with the economic burdens the surviving family may face. But wrongful death lawsuits can be tricky to navigate. A legal adviser may be able to guide you through the lawsuit process, explain how state laws affect your case and represent you in court.

  • Wrongful death damages: how do courts distribute proceeds?

    Wrongful death cases can be lengthy and exhausting, especially for the victim’s surviving family, who are simultaneously mourning their loved one’s death. So, when the case ends and the court awards the rightful damages, it can bring a sense of relief to the family.

    But the process does not end there. Interested parties still have to go through the distribution process. Florida sets the rules for the awarding of wrongful death damages.

    Directly to the survivors

    Usually, the court distributes wrongful death proceeds directly to the decedent’s surviving spouse and children. The survivors have the right to receive the following damages:

    • Loss of support and services from the date of death, present and future
    • Loss of spousal companionship and protection
    • Loss of parental companionship and guidance
    • Pain and suffering

    A survivor who covered the decedent’s medical and funeral expenses can also recover the amount paid. Note that the distribution is subject to the court’s consideration of evidence of remarriage of the decedent’s spouse.

    The estate can receive damages too

    While some states only allow the award of wrongful death damages to the surviving family, Florida laws allow the decedent’s personal representative to recover damages for the owner’s estate. Damages that the estate may recover include the following:

    • Loss of earnings of the deceased, after subtracting loss of support from the amount
    • Loss or prospective estate net accumulations
    • Funeral expenses if the estate paid for the same

    If both the estate and a survivor spent money to pay for the funeral expenses, the court shall pay the survivor first.

    While the law is straightforward regarding who receives the proceeds of the wrongful death claim and which damages go to whom, it can still be confusing. Consulting with a legal professional can help you ensure you will receive the damages you are entitled to.